Elections Commission
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City and County of San Francisco
Elections Commission
Approved: June 4, 2003
Minutes of the Meeting held
May 21, 2003
- President Rosenthal called the meeting to order at 7:13 pm.
2. COMMISSION MEMBERS PRESENT: Robert Kenealey, Thomas Schulz, Michael Mendelson, Richard Shadoian, Arnold Townsend and Alix Rosenthal. ABSENT: Brenda Stowers.
- John Golinger presented a letter to the Commission and commented on the public education plan for ranked choice voting.
4. Commissioner Shadoian MOVED that the Commission go into closed session pursuant to Ralph Brown Act, section 54956.9 and Sunshine Ordinance section 67.10(d) to consult with legal counsel regarding litigation in the matter of Tammy Haygood’s termination of employment. Commissioner Kenealey SECONDED. The Commission vote was unanimous.
5. Commission went into Closed Session at 7:15 pm.
6. Commission reconvened in Open Session at 7:40 pm.
7. Commissioner Shadoian MOVED pursuant to Ralph Brown Act section 54957.1 and Sunshine Ordinance section 67.12 to disclose the discussion from the closed session. Commissioner Schulz SECONDED. The Commission vote was unanimous. President Rosenthal reported that the Commission had discussed the vote of the Board of Supervisor’s Rules Committee held earlier in the day. The Rules Committee voted 2 to 1 not to recommend the City’s settlement with Tammy Haygood. The Commission stands behind the proposed settlement ordinance and believes it is in the best financial interest of the City. The Commission feels the settlement will promote healing in all communities. The Board of Supervisors will be taking up the settlement issue at its June 10, 2003 meeting.
8. PRESIDENT'S REPORT: President Rosenthal reported that the California Secretary of State’s office and the Elections Commission received a letter this week from a law firm, Remcho, Johansen & Purcell, purporting to represent several minority voters and stating that they would like to participate in the review of the DoE’s submission of a hand counting system for votes. The letter stated that ranked choice voting (RCV) may violate some citizen’s constitutional rights.
President Rosenthal announced that the Commission appointed John Arntz to a five-year term as Director of Elections, subject to Civil Service rules, at its Special Meeting earlier this day. The President also reported that she has appointed Vice President Mendelson to the Budget and Policy Committee.
President Rosenthal pointed out that there are copies of the Department’s RCV Education Outreach Plan available for the public on the information table at this meeting. She also reported that she has invited John Mott-Smith, of the Secretary of State’s office, to come to the June 18th Commission Meeting.
Public Comment: Steven Hill, commented on the letter that the President mentioned was received by the Secretary of State and the Elections Commission.
9. DIRECTOR’S REPORT: Director John Arntz reported that the supplemental appropriation at the Finance Committee of the Board of Supervisors to cover the contract costs for modification of the optical scan system was presented earlier today. The Committee voted to move the appropriation to the full Board on June 6. The Rules Committee also met today, and Supervisor Gonzales brought forward the proposal that there would be three early voting stations in each of the City’s eleven districts (33 stations). These stations would open ten days before the election. Director Arntz explained that this would take a lot of staffing and he gave the example of Los Angeles which tried to provide nine early voting sites for its county over the last three to four years and has just become successful in that goal and hopes to achieve 21 sites over the next few years. The DoE is to provide a framework for early voting sites and a timetable for the Board to consider.
Commissioner Schulz asked if he was correct in assuming that the DoE has a hand counting back up plan should the eagle machines not be modified in time for the next election or if the contractor doesn’t meet its responsibilities or the funds are not made available. The Commissioner asked if the early July deadline for the vendor was still viable. Director Arntz replied that the vendor, ES&S, has now stated that the deadline must be pushed to August 1st because the vendor cannot have a system completed by July 1st.
Mr. Arntz stated that the DoE, at the present time, has “nothing” to perform the election this year. Ballots to the overseas voters go out in three months. Ballots for early and absentee voting are to go out in four months. The Director said that he is not worried about RCV, he is worried about the election at this point. The administrative appeal that is before the Secretary of State is serious, because if it delays certification it would be a serious problem. He reminded the Commission that the March primary election will be a substantial election as well as the Presidential election that will follow.
The DoE is obligated under the Charter to move forward with RCV and has no other choice until the DoE is told to give up on RCV. However, the Department cannot wait until the last minute.
Commissioner Schulz stated that the Commission has to make the decision to go or not to go with RCV, not the lobbyist, not the Board of Supervisors or the Mayor. The Commissioner asked the Director if he could give the Commission his assessment of the proposal that was presented by the public speaker from the Center for Voting and Democracy at tonight’s meeting.
Director Arntz stated that he could make comments on that proposal but reminded the Commission that until there is funding, it’s difficult to know how much the DoE has to spend on outreach. Originally the Department asked for $2.7M but currently has only plans to spend $600,000.
Mr. Arntz said that representatives from the Secretary of State’s office will be at the DoE to observe a demonstration of the hand counting process next week.
President Rosenthal asked the Director if her understanding was correct that because negotiations with ES & S are ongoing, and if RCV is not implemented by November, the eagle machines would not be able to run a regular election. Director Arntz replied that this statement was correct.
President Rosenthal asked the Director if her understanding was correct that the change in the law that implemented RCV also eliminated the provisions for holding a runoff election. Director Arntz replied that this statement was correct.
Mr. Arntz reported that the Mayor’s office continues working on the budget and is trying to transition employees who have been laid off into other departments. This presents a serious problem for the DoE because staff, who have years of experience and institutional memory, can be replaced with laid off employees from other departments.
The Director reported that re-precincting has lowered the number of poll locations from 643 to 562 including 18 mail ballot precincts. These fewer precincts will translate into cost savings and more efficiency. Commissioner Townsend expressed concern that lowering the number of precincts may not increase voter participation.
Director Arntz reported that his staff is working on an alternative security plan for the November election because the Sheriff is running for re-election and during elections where that office is on the ballot, the Sheriff’s Department cannot provide security.
There will be an Economic Assessment Zone Election in which land owners who have property facing Union Square will be voting. This is an election for which the DoE was not budgeted. However, Supervisor Peskin has assured the Director that funds will be made available.
Rachel Gosiengfiao, manager for Campaign Services and Outreach, gave a brief report of her divisions. There will be a Candidate Brown Bag Lunch workshop tomorrow in which the main focus will be the signature in lieu process. There will also be information for voter registration drives and an RCV demonstration and all Commissioners are invited. As of today, there are five initiative petitions circulating. Ms. Gosiengfiao reported that she met with the League of Women Voters a week ago to explain the RCV process.
Commissioner Shadoian asked when was the final filing date for candidates. Ms. Gosiengfiao replied that it was August 8th and currently there are 23 candidates for the Mayor’s race, three for District Attorney and one for Sheriff. Commissioner Townsend asked for a list of the Community Organizations the DoE is contacting regarding RCV training.
Public Comment: Pat Soberanis said that she has been working on weekends trying to get people registered to vote and that many people do not know how to get voter registration cards. She asked that the Commission consider mailing voter registration cards to every address in the City under “occupant.” Angela Ramsey suggested that the Director have adequate technical advisers with him during negotiations with the vendor for RCV. John Golinger spoke about the Center for Voting and Democracy’s offer to help the Department. Steven Hill stated that he could email to the Commission and the Director a copy of the Secretary of State’s process and regulations for applications and suggested that the Commission, Director or City Attorney send a letter to that office asking them how much longer their process of approval was going to take.
10. (a) Discussion and possible approval of Elections Commission Minutes for Commission Meeting held on May 7, 2003. Commissioner Schulz said that the vote reflected in the minutes for Vice President erroneously stated that he abstained and should be corrected to show that he passed. Vice President Mendelson MOVED to accept the minutes with the correction, Commissioner Kenealey SECONDED. Vote was unanimous to approve the minutes of May 7th.
(b) Discussion and possible action to urge the Board of Supervisors to adopt a resolution opposing proposed state legislation AB 1531 and SB 430, which would require two primary elections in presidential primary election years. Commissioner Kenealey MOVED that the Commission go on record as opposing these bills. SECONDED by Commissioner Shadoian.
Public Comment: Someone asked that this legislation be explained. Director Arntz stated that the bills would call for two primaries, one state and one presidential, each on different Tuesdays in June, but the Presidential Primary would remain in March. In effect, there would be three primaries to staff and fund. Mr. Arntz stated that every county was against these bills.
Vice President Mendelson offered to MOVE to substitute Commission approval of the resolution that the Director has presented to the Commission urging the Board of Supervisors to oppose these legislations as the action on this item. President Rosenthal asked Commissioner Kenealey if he would accept this friendly amendment. The vote was unanimous to approve the resolution.
(c) President Rosenthal noted that this agenda item was not worded properly to allow action at this meeting. This item will be moved to the June 4th meeting.
11. Old Business: President Rosenthal tabled this item.
12. Discussion regarding items for future agendas: Commissioner Shadoian asked that the Commission calendar discussion and possible action to adopt a policy that the DoE will have a procedure for receiving and responding to complaints of violations of elections laws and to report to the Commission on a quarterly basis the volumes, type and disposition of these complaints.
Commission Townsend asked that RCV Outreach be on the June 18th agenda and that representatives of the vendor be at the meeting as well.
Commissioner Shadoian asked that at a future meeting, the Director report to the Commission on how the DoE does public notification.
The meeting adjourned at 8:57 pm.